Unknown. Correcting amendments

3,004 words·~14 min read·/register/2021/02/22/2021-02969·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2021-02-22.xml --- 86 33 Monday, February 22, 2021 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Lamb Promotion, Research, and Information Order; Activity Changes, 10459 2021-03470 NOTICES Mycotoxin Test Kit Design Specifications and Performance Criteria, 10531 2021-03469 Opportunity for Designation in the Urbana, IL; Sandusky, MI; Davenport, IA; Enid, OK; Keokuk, IA; Marshall, MI; Council Bluffs, IA;

Fremont, NE; Annapolis, MD; Amarillo, TX; Cairo, IL; Baton Rouge, LA; Raleigh, NC; Belmond, IA; and Ogden, UT, Areas, 10530-10531 2021-03468 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reciprocity Questionnaire, 10598 2021-03500 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Defense Department Defense Department See Navy Department NOTICES Manual for Courts-Martial;

Proposed Amendments, 10551 2021-03454 Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration for CSA Data-Use Request, 10598-10599 2021-03523 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Determinations, 10531-10532 2021-03451 Education Department Education Department NOTICES Applications for New Awards: National Professional Development Program, 10554-10561 2021-03474 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Paducah, 10562 2021-03436 Environmental Management Site-Specific Advisory Board, Savannah River Site, 10561 2021-03506 Nuclear Science Advisory Committee, 10561 2021-03432 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10562-10563 2021-03450 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Alaska, Fairbanks North Star Borough; 2006 24-Hour PM <sup>2.5</sup> Serious Area Plan, 10511-10520 2021-03064 California; Imperial County Air Pollution Control District, 10520-10522 2021-02902 California; Mendocino County Air Quality Management District; Stationary Source Permits, 10524-10526 2021-02912 California; San Joaquin Valley Air Pollution Control District; Stationary Source Permits, 10522-10524 2021-02906 Louisiana; Infrastructure State Implementation Plan Requirements for the National Ambient Air Quality Standards, 10509-10511 2021-02894 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Public Water Systems Compliance Report, 10566-10567 2021-03480 Applicability Determination Index Data System Posting: Formal Responses to Inquiries Concerning Compliance With the Clean Air Act Stationary Source Program, 10567-10581 2021-03489 Farm Service Farm Service Agency RULES Farm Loan Programs, Debt Settlement, 10440-10441 2021-03186 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters Deutschland GmbH Helicopters, 10449-10451 2021-01848 Pilatus Aircraft Ltd.

Airplanes, 10451-10453 2021-01783 Saab AB, Support and Services (Formerly Known as Saab AB, Saab Aeronautics) Airplanes, 10447-10449 2021-01824 The Boeing Company Airplanes, 10441-10447 2021-01823 2021-01851 PROPOSED RULES Airspace Designations and Reporting Points: Port Alsworth, AK, 10505-10507 2021-01617 Airworthiness Directives: Airbus SAS Airplanes, 10493-10496, 10498-10501 2021-01609 2021-01744 ATR-GIE Avions de Transport Régional Airplanes, 10491-10493 2021-01850 General Electric Company Turbofan Engines, 10496-10498 2021-01814 Safran Helicopter Engines, S.A.

(Type Certificate Previously Held by Turbomeca, S.A.) Turboshaft Engines, 10501-10504 2021-01780 Sikorsky Aircraft Corporation Model S-76A, S-76B, and S-76C Helicopters Modified by Supplemental Type Certificate SR09211RC, 10504-10505 2021-01623 Textron Aviation Inc. (Type Certificate previously held by Cessna Aircraft Company) Airplanes, 10504 2021-01771 NOTICES Petition for Exemption; Summary: National United States Armed Forces Museum, 10615 2021-03508 Federal Communications Federal Communications Commission RULES Comment Sought Internet Protocol Captioned Telephone Service Rates Reconsideration Petitions, 10458 2021-01580 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 10581 2021-03692 2021-03694 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 10563-10566 2021-03495 2021-03496 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Polaris Power Services LLC, 10563 2021-03497 Petition for Declaratory Order: Pacific Gas and Electric Co., 10566 2021-03498 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 10615-10618 2021-03484 2021-03485 2021-03486 2021-03487 2021-03488 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Hunting:

Proposed 2021-22 Frameworks, and Special Procedures for Issuance of Annual Hunting Regulations, 10622-10656 2021-02964 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Current Good Manufacturing Practices and Related Regulations for Blood and Blood Components; Requirements for Donation Testing, Donor Notification, and ``Lookback'', 10582-10587 2021-03434 Dispute Resolution Procedures for Science-Based Decisions on Products by the Center for Veterinary Medicine, 10581-10582 2021-03431 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity:

Enovix Corp., Foreign-Trade Zone 18, San Jose, CA, 10532 2021-03509 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10587-10589 2021-03527 2021-03531 Meetings: Presidential Advisory Council on HIV/AIDS, 10587 2021-03524 Sixth Amendment to Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 10588-10589 2021-03526 Homeland Homeland Security Department See U.S.

Customs and Border Protection Housing Housing and Urban Development Department RULES Manufactured Home Construction and Safety Standards; Correction, 10457 2021-03155 Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service RULES Statutory Limitations on Like-Kind Exchanges; Correction, 10457-10458 2021-00895 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Activated Carbon From the People's Republic of China, 10539-10542 2021-03512 Certain Hot-Rolled Steel Flat Products From the Republic of Korea, 10533-10535 2021-03510 Certain Oil Country Tubular Goods From the Republic of Turkey, 10535 2021-03490 Certain Quartz Surface Products From the People's Republic of China, 10532-10533 2021-03491 Twist Ties From the People's Republic of China, 10542-10544 2021-03514 Determination of Sales at Less Than Fair Value: Twist Ties From the People's Republic of China, 10536-10539 2021-03513 Export Trade Certificate of Review, 10535-10536 2021-03492 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Diamond Sawblades and Parts Thereof From China; Scheduling of Expedited Five-Year Review, 10597-10598 2021-03464 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Cellular Communications Infrastructure Systems, Components Thereof, and Products Containing Same, 10596-10597 2021-03465 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration Management Management and Budget Office RULES Guidance for Grants and Agreements, 10439-10440 2021-02969 Millenium Millennium Challenge Corporation NOTICES Economic Advisory Council Charter and Call for Nominations, 10599-10600 2021-03504 Minority Business Minority Business Development Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Minority Business Awards, 10544-10545 2021-03433 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10600 2021-03452 National Institute National Institutes of Health NOTICES Meetings: Advisory Committee to the Director, 10594 2021-03441 Center for Scientific Review, 10589-10594 2021-03444 2021-03447 2021-03448 2021-03525 National Heart, Lung, and Blood Institute, 10591 2021-03446 National Institute of Biomedical Imaging and Bioengineering, 10592 2021-03479 National Institute of Diabetes and Digestive and Kidney Diseases, 10590-10593 2021-03438 2021-03439 2021-03440 National Institute on Minority Health and Health Disparities, 10594 2021-03445 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Pacific Island Fisheries:

Mariana Archipelago Bottomfish Annual Catch Limits and Accountability Measures, 10526-10529 2021-03240 NOTICES Meetings: Fisheries of the Exclusive Economic Zone Off Alaska; Alaska Groundfish and Halibut Seabird Working Group, 10550-10551 2021-03515 Takes of Marine Mammals Incidental to Specified Activities: Portsmouth Naval Shipyard Dry Dock 1 Modification and Expansion, 10545-10550 2021-03507 West Dock Facility Construction Activities Associated With the Alaska LNG Project in Prudhoe Bay, AK, 10658-10701 2021-03472 National Park National Park Service NOTICES National Register of Historic Places:

Pending Nominations and Related Actions, 10595-10596 2021-03505 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Environmental Research and Education, 10601 2021-03475 Navy Navy Department NOTICES Privacy Act; Systems of Records, 10551-10554 2021-03453 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Revision of Fee Schedules: Fee Recovery for Fiscal Year 2021, 10459-10490 2021-03282 NOTICES Guidance: Design Limits, Loading Combinations, Materials, Construction and Testing of Concrete Containments, 10602-10603 2021-03457 Evaluation of Defense in Depth and Diversity to Address Common-Cause Failure Due to Latent Design Defects in Digital Safety Systems;

Final Revision to Branch Technical Position 7—Correction, 10603 2021-03435 Setpoints for Safety-Related Instrumentation, 10601-10602 2021-03466 Meetings; Sunshine Act, 10603-10604 2021-03529 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 10604 2021-03501 Postal Service Postal Service PROPOSED RULES Addressing Standards, 10507-10509 2020-29031 Securities Securities and Exchange Commission NOTICES Application: Strategas Trust and Strategas Securities, LLC, 10606-10608 2021-03455 Meetings;

Sunshine Act, 10609-10610 2021-03637 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 10610 2021-03459 ICE Clear Europe Ltd., 10610-10613 2021-03493 Nasdaq BX, Inc., 10604-10606 2021-03460 The Nasdaq Stock Market, LLC, 10608-10609 2021-03461 Small Business Small Business Administration NOTICES Disaster Declaration: Pennsylvania; Amendment 1, 10613 2021-03530 Surrender of License of Small Business Investment Company: Bayview Capital Partners II, LP, 10614 2021-03471 State Department State Department RULES Visas:

Eligibility for Diplomatic and Official Visas, 10453-10456 2021-02552 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Special Immigrant Visa Chief of Mission Application, 10614-10615 2021-03473 Culturally Significant Object Being Imported for Exhibition: Soutine/de Kooning: Conversations in Paint Exhibition, 10614 2021-03638 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Improving Customer Experience; OMB Circular A-11, Section 280 Implementation, 10618-10619 2021-03458 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pre-Screening Interview Questionnaire Form, 10594-10595 2021-03477 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 10622-10656 2021-02964 Part III Commerce Department, National Oceanic and Atmospheric Administration, 10658-10701 2021-03472 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 33 Monday, February 22, 2021 Rules and Regulations OFFICE OF MANAGEMENT AND BUDGET 2 CFR Parts 25 and 200 [Docket No. 2020-17468] Guidance for Grants and Agreements AGENCY: Office of Management and Budget. ACTION: Correcting amendments.

SUMMARY: The Office of Management and Budget

(OMB)is correcting the final guidance that appeared in the **Federal Register** on August 13, 2020. That document incorrectly cited specific sections or laws and inadvertently omitted specific language from the revisions. This amendment fixes citations and references and clarifies specific language. DATES: Effective on February 22, 2021. FOR FURTHER INFORMATION CONTACT: Nicole Waldeck or Gil Tran at the OMB Office of Federal Financial Management at *GrantsTeam@omb.eop.gov* or 202-395-3993. SUPPLEMENTARY INFORMATION: This is a summary of the revisions to OMB's Guidance for Grants and Agreements published August 13, 2020 (85 FR 49506). List of Subjects in 2 CFR Parts 25 and 200 Accounting, Administrative practice and procedure, Colleges and universities, Grant programs, Grants administration, Hospitals, Indians, Loan programs, Nonprofit organizations, Reporting and recordkeeping requirements, State and local governments. Accordingly, 2 CFR parts 25 and 200 are corrected by making the following correcting amendments: PART 25—UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT 1. The authority citation for part 25 continues to read as follows: Authority: Pub. L. 109-282; 31 U.S.C. 6102. 2. Revise paragraph 3 of item C of Appendix A to Part 25 to read as follows: Appendix A to 2 CFR Part 25—Award Term C. * * * 3. *Entity* includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this part: a. A foreign organization; b. A foreign public entity; c. A domestic for-profit organization; and d. A Federal agency. PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 3. The authority citation for part 200 continues to read as follows: Authority: 31 U.S.C. 503. 4. In § 200.1, add in alphabetical order the definition of *Federal awarding agency* and revise the definition of *oversight agency for audit* to read as follows: § 200.1 Definitions *Federal awarding agency* means the Federal agency that provides a Federal award directly to a non-Federal entity. *Oversight agency for audit* means the Federal awarding agency that provides the predominant amount of funding directly (direct funding) (as listed on the schedule of expenditures of Federal awards, see § 200.510(b)) to a non-Federal entity unless OMB designates a specific cognizant agency for audit. When the direct funding represents less than 25 percent of the total Federal expenditures (as direct and sub-awards) by the non-Federal entity, then the Federal agency with the predominant amount of total funding is the designated oversight agency for audit. When there is no direct funding, the Federal awarding agency which is the predominant source of pass-through funding must assume the oversight responsibilities. The duties of the oversight agency for audit and the process for any reassignments are described in § 200.513(b). §§ 200.2 through 200.99 [Removed] 5. Remove §§ 200.2 through 200.99. 6. In § 200.101, revise paragraphs

(e)introductory text and

(f)introductory text to read as follows: § 200.101 Applicability.

(e)*Program applicability.* Except for §§ 200.203, 200.216, and 200.331 through 200.333, the requirements in subparts C, D, and E of this part do not apply to the following programs:

(f)*Additional program applicability.* Except for §§ 200.203 and 200.216, the guidance in subpart C of this part does not apply to the following programs: 7. In § 200.102, revise paragraph

(c)to read as follows: § 200.102 Exceptions.

(c)The Federal awarding agency may adjust requirements to a class of Federal awards or non-Federal entities when approved by OMB, or when required by Federal statutes or regulations, except for the requirements in subpart F of this part. A Federal awarding agency may apply less restrictive requirements when making fixed amount awards as defined in subpart A of this part, except for those requirements imposed by statute or in subpart F of this part. 8. In § 200.206, revise paragraph (a)(1) to read as follows: § 200.206 Federal awarding agency review of risk posed by applicants.

(a)* * *

(1)Prior to making a Federal award, the Federal awarding agency is required by the Payment Integrity Information Act of 2019, 31 U.S.C. 3301 note, and 41 U.S.C. 2313 to review information available through any OMB-designated repositories of governmentwide eligibility qualification or financial integrity information as appropriate. See also suspension and debarment requirements at 2 CFR part 180 as well as individual Federal agency suspension and debarment regulations in title 2 of the Code of Federal Regulations. 9. In § 200.318, revise paragraph

(e)to read as follows: § 200.318 General Procurement standards.

(e)To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be met with documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements. 10. In § 200.332, revise paragraph (d)(4) to read as follows: § 200.332 Requirements for pass-through entities.

(d)* * *

(4)The pass-through entity is responsible for resolving audit findings specifically related to the subaward and not responsible for resolving crosscutting findings. If a subrecipient has a current Single Audit report posted in the Federal Audit Clearinghouse and has not otherwise been excluded from receipt of Federal funding ( *e.g.,* has been debarred or suspended), the pass-through entity may rely on the subrecipient's cognizant audit agency or cognizant oversight agency to perform audit follow-up and make management decisions related to cross-cutting findings in accordance with section § 200.513(a)(3)(vii). Such reliance does not eliminate the responsibility of the pass-through entity to issue subawards that conform to agency and award-specific requirements, to manage risk through ongoing subaward monitoring, and to monitor the status of the findings that are specifically related to the subaward. 11. In § 200.416, revise paragraph

(c)to read as follows: § 200.416 Cost allocation plans and indirect cost proposals.

(c)The requirements for development and submission of cost allocation plans (for central service costs and public assistance programs) and indirect cost rate proposals are contained in appendices V, VI and VII to this part. 12. In § 200.509, revise paragraph

(a)to read as follows: § 200.509 Auditor selection.

(a)*Auditor procurement.* In procuring audit services, the auditee must follow the procurement standards prescribed by the Procurement Standards in §§ 200.317 through 200.327 of subpart D of this part or the FAR (48 CFR part 42), as applicable. In requesting proposals for audit services, the objectives and scope of the audit must be made clear and the non-Federal entity must request a copy of the audit organization's peer review report which the auditor is required to provide under GAGAS. Factors to be considered in evaluating each proposal for audit services include the responsiveness to the request for proposal, relevant experience, availability of staff with professional qualifications and technical abilities, the results of peer and external quality control reviews, and price. Whenever possible, the auditee must make positive efforts to utilize small businesses, minority-owned firms, and women's business enterprises, in procuring audit services as stated in § 200.321, or the FAR (48 CFR part 42), as applicable. 13. In § 200.514, revise paragraph (c)(4) to read as follow: § 200.514 Scope of audit.

(c)* * *

(4)When internal control over some or all of the compliance requirements for a major program are likely to be ineffective in preventing or detecting noncompliance, the planning and performing of testing described in paragraph (c)(3) of this section are not required for those compliance requirements. However, the auditor must report a significant deficiency or material weakness in accordance with § 200.516, assess the related control risk at the maximum, and consider whether additional compliance tests are required because of ineffective internal control. 14. Revise Appendix IX to Part 200 to read as follows: Appendix IX to Part 200—Hospital Cost Principles Until such time as revised guidance is proposed and implemented for hospitals, the existing principles located at 45 CFR part 75 Appendix IX, entitled “Principles for Determining Cost Applicable to Research and Development Under Grants and Contracts with Hospitals,” remain in effect. Deidre A. Harrison, Deputy Controller (Acting). [FR Doc. 2021-02969 Filed 2-19-21; 8:45 am]

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